The Briefing: New California Laws for Digital Replicas Both Live and Dead
(Podcast) The Briefing: Trump Train Derailed In “Electric Avenue” Copyright Lawsuit
The Briefing: Trump Train Derailed In “Electric Avenue” Copyright Lawsuit
(Podcast) The Briefing: “Hold On” – You Can’t Use That Music in Your Presidential Campaign
The Briefing: “Hold On” – You Can’t Use That Music in Your Presidential Campaign
(Podcast) The Briefing: Does This Court’s Ruling Put an End to Tattoo Copyright Cases?
The Briefing: Does This Court’s Ruling Put an End to Tattoo Copyright Cases?
The latest on: NFL Anti-Trust decision; Record Labels Sue Over Generative AI; Copyright Office clarifies Termination Rights, Royalties, Transfers, Disputes, and the MMA.
The Briefing: No Copyright Protection in Fitness Routines for Celebrity Trainer Tracy Anderson [PODCAST]
The Briefing: No Copyright Protection in Fitness Routines for Celebrity Trainer Tracy Anderson
The Briefing: Not Terminated - Cher Still Entitled to Her Share of Music Royalties
The Briefing: Not Terminated - Cher Still Entitled to Her Share of Music Royalties (Podcast)
SCOTUS and federal court rulings on TTAB decisions on granting trademarks and trademark renewals; Netflix settling an anticipated defamation case with a disclaimer and donation
The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years (Podcast)
The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years
SCOTUS applies the "discovery rule" in timely copyright infringement claim; Cher wins in Marital Settlement Agreement vs Copyright Grant Termination Notices; Student Athletes Win Revenue Share and NIL
Your AI Compliance Playbook: Case Studies in Business & Legal Risk Management
The Briefing: Another Court Gets It Right in Tattoo Copyright Dispute
The Briefing: Paramount Splashes Top Gun Maverick Copyright Lawsuit
The US Court of Appeals for the Eighth Circuit affirmed a district court’s copyright infringement decision, finding that a congressional reelection campaign’s use of a popular meme to solicit donations was commercial in...more
The Supreme Court recently ruled 6-3 in the case of Warner Chappell Music, Inc., et al. v. Nealy, et al. that producer Sherman Nealy may claim damages for an unlicensed sample of his work used in Flo Rida’s 2008 hit song “In...more
The U.S. Supreme Court ruled on May 9th, 2024, in the case of Warner Chappell Music, Inc., et al., v. Nealy, et al., that plaintiffs in a copyright ownership dispute can recover damages beyond the three-year statute of...more
On May 9, 2024, the Supreme Court issued its decision in Warner Chappell Music Inc. et al. v. Nealy et al., holding that a plaintiff can seek damages for past infringement that had occurred earlier than the three-year statute...more
In a victory for copyright owners, the US Supreme Court confirmed in a recent case that copyright owners who sue for infringement may recover money damages that are not limited to the three-year period before filing suit....more
A split Supreme Court has decided that, under a plain reading of the Copyright Act, a party alleging copyright infringement may obtain damages for the entire damages period, so long as the suit itself is timely brought....more
On May 9, 2024, in a 6-3 decision, the Supreme Court of the United States affirmed the US Court of Appeals for the Eleventh Circuit’s prior ruling, holding that a plaintiff with a timely infringement claim under the discovery...more
The US Court of Appeals for the Sixth Circuit affirmed an award of profit disgorgement and attorneys’ fees in a copyright infringement case, holding that even “workaday” or “humdrum” subject matter can support a valid...more
The US Court of Appeals for the Fourth Circuit reversed-in-part, vacated-in-part and affirmed in part a district court decision that found an internet service provider liable for $1 billion in damages for vicarious and...more
Things That Can Be Subject to Copyright Protection (Original Works of Authorship, Fixed in a Tangible Medium of Expression). Photograph - Images - Illustrations - Paintings...more
In the latest appeal of a copyright infringement dispute, the US Court of Appeals for the Ninth Circuit upheld the lower court’s finding that the copyright owner’s photographs were not part of a single compilation for...more
The US Court of Appeals for the Ninth Circuit found that liability under the Copyright Act and liability under the Lanham Act are not mutually exclusive and that liability under the Copyright Act does not negate trade dress...more
On the second round of a copyright dispute, the US Court of Appeals for the Seventh Circuit affirmed in part, reversed in part and remanded (again) to the district court to apply the “independent economic value test” handed...more
The US Court of Appeals for the Eleventh Circuit furthered a circuit split in holding that, as a matter of first impression, a copyright plaintiff’s timely claim under the discovery rule is subject to retrospective relief for...more
The Copyright Act prescribes a three-year statute of limitations (17 U.S.C. § 507(b)), and the default “incident of injury” rule dictates that the three-year clock starts running when the infringement occurs. However, when a...more
The US Court of Appeal for the Ninth Circuit affirmed a district court’s denial of a motion to dismiss copyright infringement claims as barred by the statute of limitations, affirming the copyright owner’s right to sue even...more
The US Court of Appeals for the Ninth Circuit affirmed a district court’s order vacating a jury award of damages for copyright infringement and granting judgment as a matter of law, explaining that the musical work alleged to...more
The U.S. Supreme Court recently granted certiorari to tackle a technical copyright registration question: when a defendant alleges knowing inaccuracies in a copyright registration, does 17 U.S.C. § 411 require referral to the...more
The US Court of Appeals for the Federal Circuit held that the US Court of Federal Claims erred by failing to consider defendant’s non-compliance with the terms of an implied license, vacating the claims court’s finding of...more
In a dispute over the alleged infringement of a floral print textile design, the US Court of Appeals for the Ninth Circuit affirmed the plaintiff’s ownership of a valid copyright, but reversed and remanded for further...more
Addressing a myriad of issues relating to copyright law, the US Court of Appeals for the Second Circuit found that the discovery rule applies for statute of limitations purposes in determining when copyright claims accrue,...more
In a decision that opens the door wider for winning parties to seek awards of attorney's fees in copyright disputes, the U.S. Court of Appeals for the Ninth Circuit has ruled that a declaratory action alleging copyright...more
The Supreme Court has spoken, and it’s official: Copyright infringement claims can only be brought after the copyright in question has been registered in the U.S. Copyright Office....more
There are any number of reasons a lawsuit could be dismissed. However, if you are a copyright owner, the last thing you want is to have your case dismissed because of a problem with your registration....more
Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC has important implications for copyright owners who file infringement suits, including authors of literary, musical, and dramatic works. Key Points: ..The...more